Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt Bombardier Inc., P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, from the requirements set out in Subpart 604 of the Canadian Aviation Regulations (CARs) on Private Operator Passenger Transportation.
PURPOSE
The purpose of this exemption is to allow:
Bombardier Inc. (hereinafter "the operator") to conduct limited, non-commercial passenger carrying operations on aircraft that have either an Experimental flight permit, a Specific purpose flight permit authorizing the carriage of passengers, or a Certificate of Airworthiness without holding a private operator certificate.
The operations conducted under this exemption by the operator and all pilots authorized by the operator shall be limited to the following circumstances:
- Deployment to off-site test locations for experimental or development test flights and carriage of
other authorized crew necessary for these operations as defined in Appendix A of this exemption; - Ferry flights to position aircraft to destination for sales, demonstration and market survey flights and the carriage of additional crew members, or passengers deemed employees of Bombardier Inc. necessary for these operations;
- Sales demonstration flights, market survey flights, and the carriage of passengers that are potential customers of production models of that specific aircraft type only;
- Operational technical evaluation flights, as defined in Appendix A of this exemption, and the carriage of technical evaluation pilot(s) necessary for this operation; and
- Customer acceptance flights and the carriage of the new owner(s) or their representative(s) only.
APPLICATION
This exemption applies to the Operator and to all pilots authorized by the operator to conduct, ferry flights, sales demonstration flights, market survey flights, technical evaluation flights, operational technical evaluation flights and customer acceptance flights on aircraft manufactured by Bombardier Inc. that have an Experimental flight permit, a Specific purpose flight permit or a Certificate of Airworthiness.
CONDITIONS
This exemption is subject to the following conditions: 1.
Aircraft operation
1.1 The aircraft shall be operated in compliance with the Certificate of Airworthiness issued for that aircraft or as applicable, the Experimental flight permit and or the Specific Purpose Flight Permit, which contains appropriate limitations for the carriage of passengers and authorized flight crew;
1.2 All experimental and development flights operated under this exemption shall be conducted in accordance with the Bombardier Test Standards and Procedures No. 3000 (BFTC S&P3000), Rev D, or latest approved revision. Bombardier personnel shall concur with any subsequent amendments to this document and forward them to the Director General of Civil Aviation for Transport Canada approval, as indicated on page 1 of the BFTC S&P3000; and
1.3 All flights operated under this exemption when carrying non-commercial passengers shall be conducted in accordance with the latest revision of the approved Bombardier Aerospace Operations Manual (BAOM) and with all other parts of the BAOM that are issued as separate publications such as the flight attendant manual or the PAOBD manual. Bombardier personnel shall concur with any subsequent amendments to these documents and forward them to Regional Director of Civil Aviation for Transport Canada approval as indicated on page 0-2, (Preamble) of the BAOM. Bombardier Aerospace shall maintain training records for the Bombardier personnel as indicated on page 0-2, (Preamble) of the BAOM and the training records shall be maintained for a period of 3 years.
2. Personnel Requirements: Pilot-In-Command (PIC) and Second-In-Command (SIC)
2.1 With respect to the application section, if a type rating has been established by an operational evaluation, PIC and SIC will have completed a type-rating check and have their Transport Canada ATPL so annotated. FAA ATPL holders will have an FAA Letter of Authority;
2.2 BAOM Pilot Proficiency Checks (PPCs) requirements shall be conducted in accordance with CARS 704 Schedule I or Schedule II;
2.3 The validity period of the PPC shall be to the first day of the twenty fifth month following the month in which the proficiency check was completed as authorized in section 3.10.1 of the BAOM;
2.4 The CL64 and CL65 PPC grouping shall be authorized as per Appendix A aeroplane PPC grouping of the BAOM on the condition that the pilot has completed initial and recurrent ground and flight training including written examinations on systems and limitations for each type of aeroplane; and
2.5 Company Check Pilot (CCP) authority shall be granted in accordance with standards, policies, procedures and guidelines stipulated in the latest revision of the Transport Canada Approved Check Pilot (ACP) Manual (TP6533). Bombardier personnel nominated as candidates for CCP authority shall meet the CARS 704 ACP manual requirements.
3. Operational Technical Evaluations Flights
3.1 The designated Pilot-in-Command and Second-in-Command shall be qualified Bombardier pilots;
3.2 When a technical evaluation pilot is in one of the pilot seats, the other seat shall be occupied by the Bombardier PIC. The SIC not at the controls shall occupy the jump seat;
3.3 The technical evaluation pilot shall have one of the following qualifications:
- Valid Canadian ATPL or international equivalent,
- Valid Canadian Category 1 Medical certificate or International equivalent, or
- Currently holds or has held a Test Pilot Rating from one of the following Accredited Test Pilot Training Schools:
- United States Air Force Test Pilot School, Edwards Air Force Base, California,
- United States Navy Test Pilot School, Naval Air Station Patuxent River, Maryland,
- l'École du Personnel Navigant d'Essais et de Reception (EPNER) , Istres, France,
- Empire Test Pilot School, Royal Air Force Station Boscombe Down, United Kingdom,
- National Test Pilot School, Mojave, California, USA;
3.4 Where an accredited trade journalist is invited to evaluate the flight qualities of the aircraft,
this person shall occupy a flight crew member seat and shall have the following minimum qualifications:
- Canadian ATPL or international equivalent and
- a Valid Canadian Category 1, or Category 3 Medical Certificate or the International equivalent (this will allow Private Pilot Licence (PPL) — Aeroplane privileges as a minimum) and
- a Transport Canada Foreign Licence Validation Certificate (FLVC) approved for evaluating flight qualities of the aircraft;
3.5 The intent of the technical evaluation flight(s) shall be for the sole purpose of demonstrating the qualities of the aircraft to potential buyers, their representatives or an accredited journalist;
3.6 Technical evaluation pilots shall be provided a comprehensive briefing to include:
- Mission profile;
- Systems operations;
- Aircraft operating limitations, Flight permit limitations and Restriction and Special Instructions (RSI) relevant to flight;
- Emergency procedures / Abnormal procedures — Immediate action items that may require action on the part of the Evaluation pilot;
- Emergency equipment location and operation;
- Emergency Egress; and
- Additional items as identified in the "safety risk assessment process" (S&P 3000, para. 8.5.5);
3.7 Bombardier Inc. is permitted to transport up to a maximum of 3 persons (technical evaluation pilots) in order to conduct an operational technical evaluation flight;
3.8 All operational technical evaluation flights shall be conducted by day only; and
3.9 No passengers or other authorized crew shall be permitted on Technical Evaluation flights.
4. Customer Acceptance Flights
4.1 Flight Crew members shall be qualified on type and shall be holders of valid and subsisting pilot licenses issued or validated by Canada.
4.2 When a Customer acceptance pilot is in one of the pilot seats, the other seat shall be occupied by the Bombardier PIC. The Bombardier SIC not at the controls shall be available to assist should conditions warrant.
4.3 The Customer Acceptance pilot shall have the following minimum qualifications:
- A Valid Canadian ATPL or international equivalent, and
- A Valid Canadian Category 1 Medical certificate or International equivalent;
4.4 The intent of the customer acceptance flight(s) shall be for the sole purpose of the acceptance of the aircraft by new owner(s) or their representative(s);
4.5 Customer Acceptance pilots shall be provided a comprehensive briefing to include:
- Mission profile;
- Systems operations;
- Aircraft operating limitations, Flight permit limitations and Restriction and Special Instructions (RSI) relevant to flight;
- Emergency procedures / Abnormal procedures — Immediate action items that may require action on the part of the Evaluation pilot;
- Emergency equipment location and operation;
- Emergency Egress; and
- Additional items as identified inthe "safety risk assessment process" (S&P 3000, para. 8.5.5);
5. Ferry Flights
5.1 The operator shall ensure that no passengers other than the operator's crewmember are carried on board between different points when the aircraft is required to be ferried to a site. Only the operator employees that are essential to the mission and permitted under the Specific Purpose Flight Permit may be carried on board when the aircraft is required to be ferried between sites;
5.2 For sales demonstration and market survey ferry flights, the operator shall ensure that only passengers, deemed employees of Bombardier Inc., that are essential for marketing and sales demonstration activities are carried on board between different points when the aircraft is required to be ferried to a site; and
5.3 These flights shall be equipped with safety/survival equipment as applicable in accordance with CAR 602.61 through 602.63.
6. Non Commercial Passenger Carrying for Sales Demonstration and Market Survey Flights
6.1 When applicable, the operator shall ensure that the passengers are informed by the pilot-incommand, prior to take-off, of the experimental nature of the aircraft subject to this exemption, and that the aeroplane is being operated without a certificate of airworthiness. A placard indicating this condition shall be placed adjacent to, or near the main entrance door;
6.2 The operator shall ensure that the passengers are given a safety briefing in accordance with the BAOM and with its related parts and shall include an additional passenger briefing on the location of the emergencyequipment when required as per Paragraph 1 of Appendix C of this exemption; and
6.3 The operator shall make available to each passenger a safety features card that meets the requirements set out in Appendix B of this exemption.
7. Personnel Requirements: Flight Attendants or Persons Assigned Onboard Duties or Mandatory Persons Assigned Onboard Duties
7.1 The operator shall ensure that qualified Bombardier Flight Attendant(s) or Person Assigned Onboard Duties or Mandatory Person Assigned Onboard Duties are carried on board as per the definitions provided in the interpretation section of this exemption. The information shall be incorporated in the BAOM; and
7.2 The PIC, SIC, Flight Attendants, Persons Assigned on Board Duties (PAOBD) and Mandatory PAOBD shall complete all components of the approved BAOM training program before being assigned to flight duty.
8. Operational Requirements
8.1 The operator shall ensure that the pilot-in-command, as designated in the Operational Flight Data Sheet referred to in the BAOM, complies with the conditions for Flight Authorization/Control/Re/ease and for Flight Watch/Following and Communications; and
8.2 The operator shall ensure that prior approval is obtained from the applicable authority, in the circumstance where flight is planned in special use airspace or airspace requiring specific navigational system authorizations such as but not limited to NAT MNPS, RVSM, BRNAV, or RNP 10.
9. Equipment
9.1 The operator shall demonstrate compliance on all its aircraft with the Emergency Equipment Requirements as provided in Appendix C to this exemption and as per the BAOM and all its related parts that are issued as separate publications.
10. General
10.1 The Director of Flight Operations or his/her delegate shall ensure that all personnel comply with all Operational requirements of the Bombardier Inc. Bombardier Aerospace Operations Manual and conditions of the Specific Purpose Flight Permit and Restriction and Special Instructions (RSI) applicable to the aircraft are satisfied;
10.2 A copy of this exemption shall form part of the pilot licensing documents carried by each person subject to this exemption;
10.3 A copy of this exemption shall be carried on board the aircraft;
10.4 When flights are conducted outside of the Canadian Airspace, the operator shall obtain authorization to operate under this exemption from the Civil Aviation Authority of the applicable State; and
10.5 The operator shall comply with all other parts of the CARs and the BAOM and conduct the operation safely.
VALIDITY
This exemption is in effect until the earliest of:
- 23:59 (EST) on July 31, 2007;
- the date on which any condition set out in this exemption is breached;
- the date on which an amendment to appropriate provisions of the Canadian Aviation Regulations comes into effect; or
- the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to affect aviation safety.
The exemption from the application of subpart 604 of the Canadian Aviation Regulations issued to Bombardier Inc. on February 2nd 2005 at Dorval, Quebec by the Regional Director Civil Aviation on behalf of the Minister of Transport is hereby cancelled because it is the opinion of the Minister it is no longer in the public interest or is likely to affect aviation safety.
Dated at Dorval, Quebec, this 12th day of January 2006, on behalf of the Minister of Transport.
Yves Gosselin
Regional Director, Civil Aviation Quebec Region
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